"Mr. Smith then said, in a firm, clear voice—If your honour please: I have been placed on trial here for living in the practice of my religion, which I do not intend to relinquish, under any circumstances whatever, and I have no promises to make. Therefore, I am prepared to receive the judgment of the court. I cannot under any circumstances give up any principle of my religion. My religion is worth everything to me, or it is worth nothing, and I am prepared to receive any judgment you may see fit to pronounce. That is about all, I believe.
"The Court—I understand you to state by inference that you understand your religion authorizes you and makes it your duty to practice polygamy and unlawful cohabitation?
"Mr. Smith—That is a part and portion of my religion.
"The Court—Yes, and I suppose from what you state also that it makes it your duty to advise others, so far as you give any advice at all, to practise that?
"Mr. Smith—I have not been an adviser, sir, but that is my feeling. I am not much of a preacher; but my religion is worth everything to me. As I said before, I could not sacrifice that under any consideration whatever.
"The Court—Well, I have so often stated here from this bench that polygamy and unlawful cohabitation are crimes under the laws of the United States that it is hardly worth while to state it again. I presume you understand that they are both defined as crimes, and you must realize that you are not to determine what the laws of the United States are for yourself, contrary to the tribunals selected to interpret and construe the laws and to enforce them. In view of your statements the law makes it my duty to impose upon you such a penalty as may possibly reform you and may tend to deter others from like crimes against society. The object of this law is to protect society, and it is my duty to enforce that law so far as the law gives me my discretion, and use the discretion which I possess so as to accomplish the purpose and to reach the end intended by the law. You are sentenced in the penalty of a term of six months, and to pay a fine of 300 dollars and costs. You will also stand committed until the fine and costs are paid."
The next defendant was evidently a gentleman of considerable standing in the city.
"As the name of John Nicholson was called, there was a buzz of interest which subsided into a breathless silence as that gentleman stood up under the judge's gaze.
"The Court—Mr. Nicholson, I suppose it is hardly necessary for me to state to you—you are already advised that the jury found you guilty of the crime of unlawful cohabitation. Have you anything further to say why sentence of the law should not be pronounced against you?
"Mr. Nicholson—If your honour please: I will take advantage of the privilege that the court affords me of stating my position before the court from my own standpoint. I have been connected with the Church of Jesus Christ of Latter-day Saints for about a quarter of a century. I accepted its doctrines, including the law that is called in the church 'celestial marriage,' which includes plurality of wives. At the time that I entered upon that relationship I had not the slightest idea that I was infringing upon or acting in contravention to any law made in pursuance of the constitution of the country, the supreme law of the land. I entered into that relation in 1871, and, to give the court an idea of my position in reference to the law, I will illustrate it by stating that when the Reynolds case was offered in order to test the constitutionality of the statute of 1862, enacted against polygamy, at the request of the defendant in that suit I went upon the stand and testified for the prosecution that a conviction might be obtained. There is no need for me to state to your honour that the essence of a crime is the intent to commit it. There could be no intention on my part to commit a crime in entering into the relationship which I have mentioned.